SERGEYEV v. RUSSIA - 29384/14 (Judgment : Protection of property : Third Section Committee) French Text [2019] ECHR 808 (12 November 2019)

SERGEYEV v. RUSSIA - 29384/14 (Judgment : Protection of property : Third Section Committee) French Text [2019] ECHR 808 (12 November 2019)

The refusal by domestic courts to award any compensation for the disappearance of the applicant's property, which had been unlawfully seized by the authorities, imposed an excessive burden on the applicant and was incompatible with Article 1 of Protocol No. 1 to the Convention. The courts' reliance on the...

Source-derived case information.

Citation
[2019] ECHR 808
Parties
Applicant: Yuriy Alekseyevich Sergeyev; Respondent: Fédération de Russie
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Consideration
Outcome
Violation of Article 1 of Protocol No. 1 to the Convention found; application otherwise inadmissible.
Legal Topics
Protection of Property, Right to Peaceful Enjoyment of Possessions, State Liability, Judicial Remedies, Compensation for Loss of Property
Human Rights Law Property Law Protection of Property Right to Peaceful Enjoyment of Possessions State Liability Judicial Remedies Compensation for Loss of Property

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Parties

Yuriy Alekseyevich Sergeyev

Applicant

Fédération de Russie

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Consideration

  1. 1 Whether the seizure and disappearance of the applicant's property by police, and the refusal of domestic courts to award compensation, violated Article 1 of Protocol No. 1 to the Convention
  2. 2 Whether the applicant exhausted effective domestic remedies
  3. 3 Whether the duration of civil proceedings violated Article 6 § 1 of the Convention

Ratio Decidendi

The refusal by domestic courts to award any compensation for the disappearance of the applicant's property, which had been unlawfully seized by the authorities, imposed an excessive burden on the applicant and was incompatible with Article 1 of Protocol No. 1 to the Convention. The courts' reliance on the applicant's inability to prove the exact value of the property, when such information should have been recorded by the authorities, was unjustified.

Court Disposition

Violation of Article 1 of Protocol No. 1 to the Convention found; application otherwise inadmissible.

Orders

  • The respondent State must pay the applicant 2,000 EUR for non-pecuniary damage within three months, plus any tax due, to be converted into the respondent State's currency at the applicable rate on the date of settlement.
  • From the expiry of the three-month period until payment, simple interest at the marginal lending rate of the European Central Bank plus three percentage points is to be applied.